Patna High Court
Bhupendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Bhupendra Kumar, was arrested on 23 March 2023 in connection with a murder case (Sections 302, 201 and 34 IPC) and has been in custody for nearly three years. The earlier bail application was rejected, but the petitioner argued that he was not named in the FIR and that the only material linking him – a blood‑stained shirt – was never sent for forensic analysis, with no other substantive evidence presented. The trial court report indicated that out of eight charge‑sheet witnesses, six had been examined and the trial was still pending, making an early conclusion unlikely. Relying on the prolonged pre‑trial detention, lack of concrete evidence, and the principle of speedy trial, the High Court ordered the release of the petitioner on bail. Bail was granted on a bond of Rs.10,000 with two sureties and subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences (murder, culpable homicide not amounting to murder and abetment).
- Whether the prolonged pre‑trial detention and lack of substantive evidence justify granting bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- pre‑trial detention
- murder
- IPC sections 302
- IPC section 201
- IPC section 34
- speedy trial
- evidence
- forensic analysis
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42155 of 2025
Arising Out of PS. Case No.-128 Year-2023 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Bhupendra Kumar S/o Umesh Sharma Resident of village-Kathdumar, ward
no 04, P.S- Kanaria(Bakhtiarpur), District-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Rashmi Jha, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 16-03-2026 Heard Mrs.Rashmi Jha, learned counsel for the
petitioner and Mr.Nawal Kishore Prasad, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
23.03.2023 in connection with S.Trial No. 370/2023 arising out
of Bakhtiyarpur (Kanaria O.P.) P.S. Case No. 128 of 2023, F.I.R.
dated 20.03.2023 registered for the offence punishable under
Sections 302,201,34 of IPC.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 09.07.2024 passed in Cr. Misc.
No.48670/2023 by a Coordinate Bench of this Hon’ble Court.
4. Learned counsel appearing for the petitioner
submits that the petitioner is in custody since 23.03.2023 and
Patna High Court CR. MISC. No.42155 of 2025(4) dt.16-03-2026
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the trial has not been concluded as yet, apart from the aforesaid,
the petitioner is not named in the FIR. The name of the
petitioner has been transpired during investigation on the basis
that a bloodstained shirt of the so called deceased was recovered
from the house of the petitioner but the same has not been sent
for F.S.L. and except the aforesaid, no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and even
on one has seen the present occurrence.
5. Vide order dated 27.08.2025, a report was called for
with regard to the present stage of the trial. Report of the
learned Trial Court dated 25.02.2026 reveals that out of eight
chargesheet witnesses, six witnesses have been examined and
the case is pending for examination of two official chargesheet
witnesses.
6. Learned counsel for the petitioner referring the
report of the learned Trial Court and submits that in view of the
e report of the learned Trial Court that there is no chance of
early conclusion of the trial in near future and the petitioner is in
custody since 23.03.2023 almost three years.
7. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
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8. Considering the aforesaid fact as well as the report
of the learned Trial Court, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District Judge-IV, Saharsa in
connection with S.Trial No. 370/2023 arising out of
Bakhtiyarpur (Kanaria O.P.) P.S. Case No. 128 of 2023, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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